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First Amendment › Discrimination

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Venable LLP

Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know

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The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers....more

Patterson Belknap Webb & Tyler LLP

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved...

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Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest...more

Baker Donelson

Court Blocks VC Firm from Issuing Grants to Black Women-Owned Businesses

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Recently, the United States Court of Appeals for the Eleventh Circuit (the Court) held in Am. All. for Equal Rts. v. Fearless Fund Mgmt., LLC (Fearless Fund) that the Fearless Strivers Grant Contest (the Contest), a startup...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

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In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Lathrop GPM

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

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In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

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Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is...

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Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The...more

Husch Blackwell LLP

Federal Appeals Court Rules That Florida’s STOP W.O.K.E. Act is Unconstitutional

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In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act is unconstitutional. The court noted that Florida’s defense of the law’s...more

Bradley Arant Boult Cummings LLP

11th Circuit Puts to Sleep Florida Anti-Woke Law Prohibiting Certain Workplace Training

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You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that...more

Marshall Dennehey

Third Circuit Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law

Marshall Dennehey on

Greenberg v. Lehocky, ___ F.4th ___, 2023 WL 5539272 (3d Cir. Aug. 29, 2023) - The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains...more

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

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The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

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On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Littler

Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

Littler on

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars...more

Jackson Lewis P.C.

Federal Court Blocks Florida’s Individual Freedom Act as Unconstitutional

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Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds....more

Morrison & Foerster LLP - Social Media

District Court Enjoins Controversial Texas House Bill 20

Morrison & Foerster LLP - Social Media on

Over the past several years, Section 230 of the Communications Decency Act, the federal law that provides social media platforms with immunity from liability for user content and was once hailed as “the law that gave us the...more

Benesch

AAPC In Review

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In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

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The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Womble Bond Dickinson

Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands

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Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it.  Instead, the Court struck down a narrow exception to the TCPA, known as the...more

Eversheds Sutherland (US) LLP

Supreme Court leaves TCPA intact; strikes down exception for government debt collection

Eversheds Sutherland (US) LLP on

The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

Constangy, Brooks, Smith & Prophete, LLP

Social Media PSA For Employees And Employers

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Only YOU can prevent a social media firestorm. My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more

Seyfarth Shaw LLP

To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge

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Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its...more

Womble Bond Dickinson

Supreme Court Debates Whether to Flush TCPA’s Autodialer Restriction During Barr v. AAPC Oral Argument

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It seems that the oral argument in Barr, Attorney General v. American Association of Political Consultants, Inc. may become better known for the toilet flush that could be heard in the course of the argument, rather than the...more

Burr & Forman

Duran v. La Boom Disco: It Is Time For SCOTUS To Decide The ATDS Issue

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Those of us who have been litigating the Telephone Consumer Protection Act (“TCPA”) have spent the better part of the last decade trying to determine what constitutes an automated telephone dialing system (“ATDS”).  ...more

Manatt, Phelps & Phillips, LLP

Supreme Court To Decide Constitutionality of Government-Backed Debt Exception

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The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment...more

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